L K K KANDASAMY Vs. S P NATESAN

JUDGEMENT

(1.) TODAY when the above Civil revision Petition was taken up for consideration in presence of counsel for both, what comes to be seen by this Court is that it is an application filed by the plaintiff/respondent herein under Section 45 of the Evidence act and under Section 151, CPC, thereby praying to permit the Finger Print Expert to inspect the suit promissory notes with admitted signatures found in minutes book and to give opinion and also give evidence in the suit, which came to be allowed by the lower Court is being testified by the defendant in the suit by means of the above Civil revision Petition.

(2.) LEARNED counsel appearing for the petitioner would point out that in the circumstances neither such an expert's opinion is necessary nor could any private Expert be entrusted with the task of offering opinion, which cannot be a conclusive one. Moreover, the learned counsel would feel that such an opinion obtained is not going to be of much use for the lower Court to decide the matter, which should be considered in a larger spectrum.

(3.) ON the other hand the learned counsel appearing on behalf of the respondent would argue to the effect that the lower Court has rightly allowed the application, since for giving a finding on all those issues involved in the suit, the lower Court has found it necessary to invite the Expert's opinion for better appreciation of the facts and circumstances and the documents concerned with the subject and, therefore, the above Civil revision Petition should be dismissed.